KUNJI LAL Vs. STATE AND ANR

JUDGEMENT

(1.) The appellant- Kunji Lal has preferred the present appeal against the judgment dated 05.02.2013 of learned Additional Sessions Judge in Complaint Case No. 116/2008 under Section 135 (1) (a) of Electricity Act, 2003 by which he was convicted under Section 135 (1) (a) of Electricity Act, 2003. By an order dated 14.02.2013, he was directed to pay Rs. 1,06,058/- to the respondent No.2/ BSES as civil liability.

(2.) Allegations against the appellant were that on 25.06.2007 premises i.e. Arun General Store, Near Pahalwan Dhaba, Ward No.1, Mehrauli, New Delhi in use and occupation of the appellant were inspected by the officials of BSES Company and he was found indulging in direct theft of electricity by directly tapping from BSES LV mains. Meter bearing No. E232463 installed at the inspected premises did not record any consumption. Connected load of 3.160 KW for commercial purpose was assessed. On the basis of it, theft bill of Rs. 1,13,509/- was raised which the appellant failed to pay/ deposit.

(3.) During the course of the hearing of the appeal, it was reported that the matter has since been settled/ compounded between the parties in Delhi High Court Mediation and Conciliation Centre. Counsel for the respondent No.2/ BSES has no objection to dispose of the appeal in view of the settlement agreement dated 16.07.2013.